Skip to main content

I recently had a surgical procedure done. They offered "Conscious sedation" but I refused, and asked for general anesthesia.

Cincinnati, OH |

I had previously regained consciousness and experienced extreme pain, so I demanded general anesthesia. When I "woke up", the doctor asked if I "remembered anything or had any pain during- which tells me they went against my wishes and gave me the "conscious sedation" anyway. I'm fine and no harm was done. Do I have any legal recourse if I can prove they went against my sedation wishes, when no harm was done?

Attorney Answers 4

Posted

You should consult a local attorney to discuss your case.

Timothy K. Hobbs II
Attorney at Law
Web: Hobbs Law Group
Email: t.hobbs@hobbslawgroup.com

The answers on this discussion board are general in nature and NOT intended as legal advice. Responding to questions does not constitute an attorney-client relationship. Always see a lawyer about your individual situation.

Mark as helpful

2 comments

Asker

Posted

Back to square one... that counts as an answer??

Timothy Kent Hobbs II

Timothy Kent Hobbs II

Posted

Well if you were not harmed the most you could be entitled to are exemplary damages. Maybe you were harmed and you do not really know it yet. In either event, it is difficult to make an assessment from your 5 line question, so to preserve your rights I suggest sitting down with someone to discuss your case.

Posted

No. Harm = damages. There was no harm, so there were no damages, or to be precise, only nominal damages.

Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to Avvo questions are for general information purposes only, and should not be construed or relied upon as legal advice.

Mark as helpful

1 lawyer agrees

Posted

I am not licensed in OH but can offer you general advice. In a civil action, you are suing to recover compensatory damages. If there are no damages, there would logically be no monetary recovery. My suggestion is to contact the risk manager at the facility where your procedure was performed, and/or the Agency for Healthcare Administration to report the offense.

Mark as helpful

1 lawyer agrees

1 comment

Asker

Posted

That's as I figured-- the more I thought about it, I figured that the most that might be present is a breach of an oral contract, which I would think is almost impossible to prove... Thanks!

Posted

In my humble opinion, no. First, you can be in a state of sedation less than general anesthesia and still not have remembered or felt anything. "Deep sedation" is a state of sedation less than general anesthesia but can still achieve loss of consciousness and lack of pain sensation. It is one of many different levels of sedation an anesthesiologist can achieve. perhaps this is what the anesthesiologist did or had in mind when he or she asked you that question. I wouldn't necessarily assume you received "conscious sedation" from the question. The only way to even find out is to order your records and have an expert decipher them. If you want to find out simply for educational purposes for your next procedure, that's one thing. But given the fact that you were not harmed at all, in my opinion it would not be worth it at all to investigate. of course, this is only my opinion. Others may have a different view.

Not intended as legal advice and no attorney client relationship is formed unless there is a signed agreement between attorney and client.

Mark as helpful

1 lawyer agrees

2 comments

Asker

Posted

Right-- I understand your point, but my point was that my doctor agreed verbally in advance NOT to use conscious sedation, and to use general anesthesia instead-- then after surgery he asked if I felt or remembered anything during the surgery-- which he wouldn't have needed to ask had he followed my wishes-- my question was, if I can prove it, and he DID lie and defy my wishes, would I have legal recourse to hold him accountable if he lied to me, but no damages or harm resulted??? Thanks for your answer :)

Brian Robert Wilson

Brian Robert Wilson

Posted

In my opinion, no. Not sure where you are, but in Ohio, to have a viable medical negligence claim you have to show proveable harm that results. One option you may wish to consider id filing a complaint with your state medical board. But again, that assumes that the Dr did not follow your wishes. It may very well be that the Dr achieved the goal of the surgery--to keep you pain free--without necessarily acvieving a state of general anesthesia. Sedation is a continuum and often there can be a fine line between deep sedation and general anesthesia. That's why Drs who induce "deep sedation" are required to know how to rescue patients from a level of sedation deeper than intended.

Lawsuits and disputes topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics